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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1564 By: Gann
AS INTRODUCED
An Act relating to landlord and tenant; amending 41
O.S. 2011, Section 131, which relates to delinquent
rent; prohibiting discretion to ext end terms of
tenancy; providing for enforcement of right to
possession; authorizing late payment fee; providing
for enforcement of act; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 41 O.S. 2011, Section 131, is
amended to read as follows:
Section 131. A. If rent is unpaid when due, the landlord may
bring an action for recovery of the rent at any time thereafter or
the landlord may wait until the expiratio n of the period allowed for
curing a default by the tenant, as prescribed in subsection B of
this section, before bringing such action.
B. A landlord may terminate a rental agreement for failure to
pay rent when due, if the tenant fails to pay the rent wi thin five
(5) days after written notice of landlord 's demand for payment. The
notice may be given before or after the landlord files any action
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authorized by subsection A of this section. Demand for past due
rent is deemed a demand for possession of the premises and no
further notice to quit possession need be given by the landlord to
the tenant for any purpose.
C. The courts shall have no discretion to extend the terms of
tenancy and shall grant possession immediately upon entry of
judgment. The terms of the rental agreement shall be recognized by
the courts in the event that tenant has failed to pay rent in
accordance with the rental agreement.
D. Upon entry of a judgment for any action brought for forc ible
entry and detainer, a landlord may immediately apply to the local
sheriff for enforcement of the right to possession.
E. A rental agreement may provide for a late payment fee to
apply in the event of a tenant's failure to pay in accordance with
the terms of the rental agreement. Any late payment shall not
exceed an amount equal to fifteen percent (15%) of the monthly rent
and may be enforced by landlord in an action for unpaid rent or
forcible entry and detainer.
F. All provisions in the Oklahoma Residential Landlord and
Tenant Act shall be enforceable even in event of a catastrophic
health emergency as defined by Section 61 of Title 63 of the
Oklahoma Statutes.
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SECTION 2. This act shall become effective November 1, 2021.
58-1-5107 LRB 12/28/20